QUESTION
Can I file I-485 while I-130 has not been approved yet?
Asked on Aug 05th, 2013 on Immigration - Texas
More details to this question:
August F2A visa category is now current so I filed a petition for a my daughter 2 weeks ago. It has been accepted but not approved yet. I wonder if I can already adjust her status (i-485) already. I am a green card holder. Thanks.
3 ANSWERS
Yes, as long as she is in a lawful status. File the I-485 with a copy of the I-130 receipt notice and all the other required documents.
Answered on Aug 12th, 2013 at 11:45 PM
More information is needed. It's unclear whether she is out of status and/or disqualified for adjustment and may be referred to immigration court as a result.
Answered on Aug 12th, 2013 at 11:45 PM
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You can if the priority date is current and your daughter is in some status in the US.
Answered on Aug 12th, 2013 at 11:45 PM